The principle endeavored to be followed throughout, is that of the common and statutes laws respecting the rights to real property. It may tend to create litigation, as to claims which are now refused entirely, but if no litigation or less is the grand desideratum, why not establish a dictatorship at once? The ipse dixit of one man will then prevent all argument. But the rights of property and jury trial in all cases are ours by the constitution—and equally are we entitled by the constitution to the pursuit of happiness and wealth in ærial regions as on the common earth—and if we may not be divested of our other property without certain laws and a fair jury trial, why should we be of patent property? And if patent agents presume to beguile honest inventors, why should they not be held responsible? They may refuse to back their operation by a guaranty, but then the inventor has a right to know it, and to know he has a remedy, should they do so improperly. The Clerk of one of our Courts guarantied the searches of one of his Clerks as to a piece of real property, and had to pay some ten thousand dollars, and why should it not be so.
When a tailor makes a coat he warrants it to fit, and when a surgeon sets a leg unscientifically he is also responsible in damages to his patient, and as is an attorney for negligent practice. Holding examiners responsible will leave the patent office open to the filing of new claims at the same time that it will prevent a world of litigation, favoritism and corruption.
We are not striking at our present worthy Commissioner, Mr. Burke. We are friendly to him. But the more honest a man may be, the sooner will he find himself displaced, if the office he holds may be used to grasp a vast amount of patronage and property.'
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